West VirginiaWest Virginia bail decisions must consider a person's residency
West Virginia officers deciding bail consider residency, and officers weighing good cause in misdemeanor cases also consider community ties and risk of flight.
What it does
When deciding whether to release someone, set bail, or add conditions, officers consider whether the person is a resident of West Virginia or the United States.
For most misdemeanor charges, officers generally release people on their promise to return unless good cause or a listed offense exception applies. They consider residency, community ties, and risk of flight.
Magistrates may not release people on their own promise to return if they face felony charges involving violence, a minor victim, arson, burglary, or drugs.
Argument forConsidering residency, community ties, and flight risk may help officers judge whether a person is likely to return to court.
Argument againstWeighing residency and community ties could make release harder for people who have fewer ties to West Virginia, even when they can appear in court.
More detail
Judicial officers consider whether a person is a resident of West Virginia or the United States when deciding release, bail, or release conditions. This applies to people charged with criminal offenses in West Virginia. The law took effect June 12, 2026.
For misdemeanor charges, judicial officers consider residency status, community ties, and risk of flight when deciding whether good cause supports not releasing a person on their own promise to return. This applies when a person charged with a misdemeanor first appears before a judicial officer. Exceptions include certain violent, weapon, drug, sexual, traffic, and property offenses. Most people charged with misdemeanors must be released on their own promise to return unless good cause exists or a listed offense exception applies. These considerations apply at the person's first appearance before a judicial officer.
A magistrate may not release a person on their own promise to return when the person is charged with specified felonies. This restriction applies to magistrates deciding release for people charged with those felonies. The restriction covers felonies involving violence against a person, a minor victim, arson, burglary, or drugs. The law took effect June 12, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 79, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PREVIOUS QUESTION. Result: fail.Lower
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14Completed legislative action
- Mar 14Communicated to House
- Mar 14Senate concurred in House amendments and passed bill (Roll No. 712)
- Mar 14House Message received
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amend with amend, passed bill (Roll No. 696)
- Mar 14Motion for previous question rejected (Roll No. 695)
- Mar 14House reconsidered its action
- Mar 14Communicated to Senate
- Mar 14House refused to concur; requested Senate to recede (Voice)
- Mar 14House received Senate message
- Mar 13Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 13Passed Senate (Roll No. 544)Passed Senate
- Mar 13Amended on 3rd reading (Voice vote)
- Mar 13Unanimous consent to amend on 3rd reading
- Mar 13Read 3rd timeMinor
- Mar 12Laid over on 3rd reading 3/12/2026
- Mar 12On 3rd reading
- Mar 11Read 2nd timeMinor
- Mar 11On 2nd reading
- Mar 10Read 1st timeMinor
- Mar 10Immediate consideration
- Mar 10Reported do passMinor
- Feb 6To JudiciaryMinor
- Feb 6To JudiciaryMinor
- Feb 6Introduced in SenateMinor
- Feb 5Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 5Title amendment adopted (Voice vote)
- Feb 5Passed House (Roll No. 50)Passed House
- Feb 5Read 3rd timeMinor
- Feb 5On 3rd reading, Special Calendar
- Feb 4Amendment rejected (Voice vote)Minor
- Feb 4Amendment reported by the Clerk
- Feb 4Read 2nd timeMinor
- Feb 4On 2nd reading, Special Calendar
- Feb 3Read 1st timeMinor
- Feb 3On 1st reading, Special Calendar
- Feb 2By substitute, do pass
- Jan 29Markup Discussion
- Jan 28To House JudiciaryMinor
- Jan 27Markup Discussion
- Jan 26To House CourtsMinor
- Jan 20To House JudiciaryMinor
- Jan 20Introduced in HouseMinor
- Jan 20To JudiciaryMinor
- Jan 20Filed for introductionIntroduced
Criminal Justice